Advocate Syed Mohammad Abid

Questions Answered by Advocate Syed Mohammad Abid

Q: Can a wife claim maintenance for child if she is not divorced

Me and my husband is in govt job in same department and same station earlier. We married in April 2016. We stayed together 7 months. In these 7 months he fought with me raised hands tortured me mentally physically both. By the time in Feb 2017 i got pregnant. When in told him about this news we went his home saying the baby is not him so i came to my parents house for proper care of myself and my child. He dint contacted me 9 months and also Did not responded to my relatives phone. After delivery he came only two times. Now saying that me n my daughter way is different. What should i do. I don't want divorce. Since i working in the same pay as my husband will i get maintainedfor my child even when we are not divorced. What action can be taken my me that he should take responsibility of the child n myself also. Presently i am staying at my parents house since one year and he is transferred in another town. Plz help.

Advocate Syed Mohammad Abid answered
Yes the wife can claim maintenance for the child as well specially when the child is a minor. In your case you can surely claim maintenance from your husband irrespective of the fact that you are earning, as it is the legal duty of a Father to maintain his children. Plus there are plenty of other remedies available to you apart from claiming maintenance.

Q: Legal implications of converting the religion

1) A hindu girl wants to marry her Muslim Boyfriend. She can convert to Islam for marrying her boyfriend. Is it legal if she converts to Islam and then marry her Muslim boyfriend? 2) How long does it take to convert to Islam from Hinduism for her? Is her parents permission required for conversion to Islam even if she is an adult?

Advocate Syed Mohammad Abid answered
1) First of all any person who is a major (above 18 years) and is of sound mind can marry a person of his/her choice irrespective of the religion.So yes a hindu girl can marry a muslim boy provided the girl is above 18 years and the boy is above 21 years. It is absolutely legal to convert and get married. However merely converting for the sake of marriage is not right, both legally and in Islam as well.A person willing to convert to Islam must do so of his own free will and without any force or burden and faith is an essential part of conversion. However even without conversion marriage between hindu girl and a muslim guy is possible as both partners can get their marriage registered under the Special Marriage Act. If they want to, both partners can have a wedding performed according to their own religious rites, for their own satisfaction. No conversion is required in this case.The only issue in that case would be that Islam expressly forbids Muslim men from marrying women who aren't Muslims, Christians or Jews. So while a marriage according to special marriage act would be a perfectly valid marriage according to the laws of India, such a marriage would be no marriage under Muslim religious code and would be deemed to be an adulterous (and sinful) relationship. However converting and getting married is absolutely legal. So YES A HINDU GIRL CAN CONVERT AND MARRY A MUSLIM GUY ON HER FREE WILL. Hope this clears the first questionNow coming to the second question2) The process of conversion is not a long process. The First Step is that She needs to go to the near Masjid/ nadwa in her Area/City and Take Shahada (Read Kalma) in presense of the Maulana and atleast two witness, on HER OWN FREE WILL.Then the Maulana shall give her a Certificate of Conversion to Islam on the Masjids Letter head , stating the date and her name and address and details of witness.Further the next step is to Make an Affidavit stating that she has converted to Islam on her own free will on so and so date and she may if she feels like also adopt a new muslim name.Further she needs to file "Change of Religion" in Government GAZATTEE. which gets published in 15 days, also she may file Change of name application in Government Gazattee. This is process for conversion to Islam. And no if a girl is above 18 years then she does not need the permission of her parents for converting. The Constitution guarantees right to life and Liberty and freedom of religion so accordingly one is free to marry a person of his/her right and also follow a religion based on his/her free will. Hope this is helpful.